1
results found in
36 ms
Page 1
of 1
21 May 1804
Evidence
Forthcomingness
Ch. Investigatorial Eng. Law
§. Statue addition
naturally be heard: and by the same means he would frequently gain such lights as would enable him with a reasonable prospect of success /advantage/ to summon in the character of a witness to be examined at the trial, this or that individual, of whose capacity to yield evidence he could not have been assured by any exertions of his own, unaided by the power of justice. But a course of preparatory inquiry thus conducted under the aid of judicial power is neither more nor less than what has been so /already/ frequently met to be designated by the name of investigatorial procedure. And thus without any care, and perhaps happily perhaps for justice, without observation /remark/ on the part of the sage of the law, a power crept silently /gradually sprung up/ into use /exercise/, by which without intending it they were enabled to hear the truth and thereby to do justice, in many a case in which had the business been conducted without variation in the plan chalked out by themselves /their own wisdom/, no such result would have taken place /would or could have been obtained/.
The [...?] thus /once/ laid, accession chrystallized around it with out difficulty: the private towns of the Country Magistrate became the radiant point of judicial truth, the sanctuary of justice. In the year 1554 by a statue of Philip and Mary, an act of the legislator was passed, from which the practice of preliminary /preparatory/ examination, under the name of examination took its rise. It extended to all offences of the rank of felony: but it went no further: it descended no lower in the penal law: it extended to no species of non penal suit. By these statutes a person being apprehended for felony, was /is/, before he was either bailed or committed for trial, t be examined before the Justice to /before/ whom he was /is/ thus brought: the result of the examination is to be committed to writing: and the writing transmitted to the Court in which the trial is to take place. Another examination to be taken, under a requisition added by the same statutes is that of the persons by whom the defendant was thus brought. To these are now added, no
1 & 2 P. & M. C. 13 §.h.5
2 & 3 P & M. C. 10
A o 1555
Similar Items
-
Title: [Evidence 16 June 1805 Introd]Description: Evidence 16 June 1805 Introd Regular useless The sort of inquiry made Nisi Prius and /or/ /what is called the Trial/ the Assizes - the sort of inquiry carried on in the presence of a Jury will not always suffice, will very frequently not suffice without preparatory inquiries. The business of the Trial, is to display before the Jury, and take their decision upon which, the [...?] of evidence on both sides, as collected for the purpose. But before it /there/ can be displayed, a pretty long thread /chain/ of previous inquiry is sometimes necessary, for the collection of it. The collection of the evidence frequently by the investigation of a thread of evidence, is the business of these preparatory examinations which are taken, previous to the trial for a felony /trials for [...?]/ the trial in case[?] of felony. To the definitive inquiry called a Trial a course of preparatory examination such as those, you have all the oral inquiry that is necessary, and more than is ever actually employed, in non-penal cases. But the two inquiries, the definitive and preparatory thus /just/ described, the two inquiries put together, amount to no more than is done, effect no more than is affected by the single and simple inquiry carried on in which /which comprises /constitutes/ and with the addition of judgement and execution, exhausts/ Summary Procedure.
-
Title: [16 May 1804 Evidence Forthcomingness]Description: 16 May 1804 Evidence Forthcomingness Ch Investigatorial In English procedure the line between preliminary /preparatory/ examination and definition is a dear one - why? because the Judges by or before whom they are respectively conducted are never the same. The Justice of the Peace who collects and receives evidence of all sorts in the first instance can not "try" the cause. The Judge who with the Jury tries the cause can not, with or without the Jury, or any Jury perform any of these preparatory examinations by which the thread of evidence is investigated. The Jury does not come into existence until the last stage. The sort of magistrate called a Justice of Peace is the only sort of magistrate by whom the process of investigation is capable of being conducted: where his authority ends, there ends the full compliment of power necessary for the obtainment of existing /obtainable stock/ of evidence. In non-penal procedure as conducted /carried on/ in the Courts of Common Law, there exists no such resource for the obtainment of evidence. For the exhibition of evidence on the main point /question/ there is but one time, viz: that of the trial: at that period no evidence is received, but what is fit to operate /be regarded/ in the character of ultimate: no hearsay, casually written, unauthentic transcriptural evidence or any other species of makeshift evidence, except in the few cases in which such imperfect evidence /evidence of this imperfect character//nature/ is received in the character of ultimate. At that period /stage/ of the cause such simply indicative evidence were it even receivable /received/, would not be of any use: for subsequently to the trial no other evidence can be received. Accordingly at the trial not so much as a question can be asked, tending to the discovery of other evidence.
-
Title: [1 April 1804 Evidence Forthcomingness]Description: 1 April 1804 Evidence Forthcomingness Ch 4 Investigatorial Engl Law § 8 English Law § 8. English Law. Investigatorial power being thus necessary to justice /Power for following up a chain of evidence/, and the necessity of it thus obvious, it will /may/ be not uninteresting to observe the extent to which the use of it has been carried on by English law. Turning now to English jurisprudence, we shall see at once /the same time/ an exemplification of the use /utility/ of investigatorial procedure, and the failure of justice from the want of it. In comparison of procedure testibus cognitis, investigatorial procedure is in England comparatively of recent growth. It dates no earlier than from about the middle of the 16 the century. In the reign of Edward 6 the power was given for the first time to a Justice of the Peace to take the examination of a prisoner brought before him on a charge of felony: that is of any offence to which the punishment so denominated stood annext. What the object in view was on that occasion on the part of the legislature does not very clearly appear. The effect of it has at any rate to establish a cause of investigatorial procedure as above explained, previous to the course /[...?] of ultimate examination, carried on /performed/ before a Judge /a Jury/ and Jury, and called in the language of English jurisprudence called the Trial: a word which has not its equivalent in any other language. In English jurisprudence /Law/ investigatorial procedure so far as the examination of living witnessess is concerned is confined altogether to penal law; nor is it altogether co-extensive with that branch of law. It extends to all felonies that is to say to all offences to which the punishment is denominated happens to be annext, and to all other offences ranked under the denomination of breaches of the peace. It extends accordingly /consequently/ to those offences prosecutable in the mode /course/ of procedure called Indictment: but not to all offences so prosecutable. To an offence prosecutable by Indictment it does not extend where that offence happens to be prosecuted by the course of procedure called Information. Neither /As little/ does it extend t any offence prosecuted by the course of procedure called a penal action: a curse of procedure which in most of its features coincides with the ordinary course of procedure ordinarily employed in the non-penal suits carried on in the Courts of Common Law.
1
results found.
Page 1
of 1